Decision 2454M – Orange County Water District

LA-CE-856-M

Decision Date: September 23, 2015

Decision Type: PERB Decision

Description: The complaint alleged that the District violated the MMBA by refusing to participate in an agency shop election.

Disposition: *JUDICIAL APPEAL PENDING.  The ALJ concluded that the District had engaged in the unfair practice as alleged. The Board affirmed, holding that a modified agency shop arrangement that applied only to future hires, not current employees, fell within the definition of agency shop; and that the District’s refusal to participate in a properly petitioned-for agency shop election was unlawful.

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Perc Vol: 40
Perc Index: 60

Decision Headnotes

803.00000 – UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF
803.04000 – Employer Liability

Employer’s refusal to participate in an agency shop election where the type of organizational security arrangement sought by the exclusive representative was a “modified agency shop” that applied to future hires but not current employees was a violation of the MMBA; the modified agency shop petitioned for by the exclusive representative fell within the definition of agency shop and the employer was not entitled to withhold its consent to the election.